Coluccio v. Knopf

Defendant forwarded a summons to Allstate Insurance Company in connection with a 1968 personal injury action. It retained appellant to defend the action. Subsequently the carrier discovered that it was not the insurer for defendant at the time of said accident. Appellant should be permitted to withdraw as attorney for defendant.

An insurance contract cannot be created by estoppel where none existed before (Government Employees Ins. Co. v. Giugno, 61 Misc 2d 1092). Estoppel cannot be invoked to create a primary liability of the insurer for which all elements of a binding contract are necessary.…